TEXAS EMPLOYERS'INSURANCE ASS'N v. Shelton

The respondent, Shelton, claimed that his chest, upper abdomen, esophagus, stomach and diaphragm were injured and that he had sustained a herniation of a portion of the cardiac end of the stomach through the esophageal hiatus. The judgment of the trial court awarding him recovery as for a general injury has been affirmed by the Court of Civil Appeals. 331 S.W. 2d 361.

While the case was pending- before The Industrial Accident Board the Association tendered an operation by letter to the Board reading as follows:

“Pursuant to Article 8306, Section 12b Revised Civil Statutes of Texas, the insurer,…